Malaysia legislation
Section 6
Section 6
Power to order detention and restriction of persons
(a)
the complete report of investigation submitted under subsection 3(3); and
(b)
the report of the Inquiry Officer submitted under subsection 5(4), is satisfied with respect to any person that such person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs, the Minister may, if he is satisfied that it is necessary in the interest of public order that such person be detained, by order
(hereinafter referred to as a “detention order”) direct that such person be detained for a period not exceeding two years.
(2)
Every person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to as a “place of detention”)
as the Minister may direct and in accordance with any instructions issued by the Minister and any regulations made under section 22.
(3)
If the Minister is satisfied that for the purpose mentioned in subsection (1) it is necessary that control and supervision should be exercised over any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence or employment, but for that purpose it is unnecessary to detain him, he may make an order (hereinafter referred to as a “restriction order”) imposing upon that person
(hereinafter referred to as a “restricted person”) all or any of the following restrictions and conditions:
(a)
that he shall be subject to the supervision of the police for any period not exceeding two years;
(b)
that he shall reside within the limits of any State or any
Federal Territory or any area thereof specified in the restriction order;
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(c)
that he shall not transfer his residence to any other area without the written authority of the Chief Police Officer of the State or Federal Territory concerned;
(d)
that except in so far as may be otherwise provided by the restriction order, he shall not leave the area within which he resides without the written authority of the Chief Police
Officer of the State or Federal Territory concerned;
(e)
that he shall at all times keep the Officer in Charge of the
Police District in which he resides notified of the house or place in which he resides;
(f)
that he shall at such time or times as may be specified in the restriction order present himself at the nearest police station;
(g)
that he shall remain within doors, or within such area as may be defined in the restriction order, between such hours as may be specified in the restriction order, unless he obtains special permission to the contrary from the Officer in
Charge of the Police District;
(h)
that except in so far as may be otherwise provided by the restriction order, he shall not enter any area specified in the restriction order;
(ha) that he shall use only equipment and facilities of communication which are declared to and approved by the
Chief Police Officer of the State or Federal Territory of the area in which he is required to reside as may be provided in the restriction order;
(hb) that except so far as may be otherwise provided by the restriction order, he shall not access the internet;
(hc) that he shall be attached with an electronic monitoring device;
(i)
that he shall keep the peace and be of good behaviour;
Dangerous Drugs (Special Preventive Measures) 13
(j)
that he shall enter into a bond, with or without sureties as the Minister may direct and in such amount as may be specified in the restriction order, for his due compliance with the restrictions and conditions imposed on him by the restriction order.
(3A)
A restricted person shall be conveyed by the police to, and shall be in police custody up to, the area specified in the restriction order.
(4)
Every restriction order shall continue in force for such period, not exceeding two years, as may be specified therein, and may include a direction by the Minister that the person in respect of whom it is made shall enter into a bond with or without sureties and in such sum as may be specified for his due compliance with the restrictions and conditions imposed upon him.
(5)
A detention order under subsection (1), or a restriction order under subsection (3), may be made against a person notwithstanding that immediately, or at any time, before his arrest and detention under subsection 3(1)—
(a)
he had been detained under a detention order made under section 4, or had been subject to a restriction order made under section 4A, of the Ordinance on grounds which are wholly or partly the same as or similar to the grounds on which the detention order under subsection (1) or the restriction order under subsection (3) is to be made against him; and
(b)
he had been released from detention either upon the expiry of the duration of the said detention order made under section 4 of the Ordinance against him, or otherwise howsoever before such expiry, or had ceased to be subject to the said restriction order made under section 4A of the
Ordinance against him either upon the expiry of the duration of the said restriction order, or otherwise howsoever before such expiry.
(6)
The Minister may, from time to time, by notice in writing served on a person who is the subject of a restriction order, vary, cancel or add to any restrictions or conditions imposed upon that person by
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that order, and the restrictions or conditions so varied and any additional restrictions or conditions so imposed shall, unless sooner cancelled, continue in force for the unexpired portion of the period specified under subsection (4) or under subsection 11A(1).
(7)
Any restricted person who contravenes or fails to comply with any restriction or condition expressed in his restriction order shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and not less than three years.
Detention order not to be invalid or inoperative on certain grounds